This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

23565 

Vol. 75, No. 85 

Tuesday, May 4, 2010 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Parts 272 and 273 

RIN 0584–AD30 

Food Stamp Program: Eligibility and 

Certification Provisions of the Farm 

Security and Rural Investment Act of 

2002; Approval of Information 

Collection Request 

AGENCY: Food and Nutrition Service 

(FNS), USDA. 

ACTION: Final rule, notice of approval of 

Information Collection Request (ICR). 

SUMMARY: The final rule entitled, Food 

Stamp Program: Eligibility and 

Certification Provisions of the Farm 

Security and Rural Investment Act of 

2002, was published on January 29, 

2010. This final rule implemented 11 

provisions of the Farm Security and 

Rural Investment Act of 2002 (FSRIA), 

which established new eligibility and 

certification requirements for the receipt 

of food stamps. Those provisions 

simplified program administration, 

allowed States greater flexibility, and 

provided enhanced access to eligible 

populations. The Food, Conservation, 

and Energy Act of 2008 changed the 

program name from Food Stamp 

Program to Supplemental Nutrition 

Assistance Program (SNAP). The Office 

of Management and Budget (OMB) 

cleared the associated information 

collection requirements on March 26, 

2010. This document announces 

approval of the ICR. 

DATES: The ICR associated with the final 

rule was approved by OMB on March 

26, 2010, under OMB Control Number 

0584–0064. 

FOR FURTHER INFORMATION CONTACT: 

Angela Kline, Chief, Certification Policy 

Branch, Program Development Division, 

FNS, U.S. Department of Agriculture, 

3101 Park Center Drive, Room 812, 

Alexandria, VA 22302. E-mail: 

Angela.Kline@FNS.USDA.GOV. 

SUPPLEMENTARY INFORMATION: This 

document announces approval by OMB 

of the information collection 

requirements contained in the final rule 

entitled, Food Stamp Program: 

Eligibility and Certification Provisions 

of the Farm Security and Rural 

Investment Act of 2002, which was 

published on January 29, 2010 (75 FR 

4912). 

Dated: April 27, 2010. 

Julia Paradis, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2010–10391 Filed 5–3–10; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

12 CFR Part 535 

[Docket ID OTS–2010–0009] 

RIN 1550–AC38 

Unfair or Deceptive Acts or Practices; 

Amendment 

AGENCY: Office of Thrift Supervision, 

Treasury (OTS). 

ACTION: Final rule. 

SUMMARY: OTS is amending its 

regulations at 12 CFR part 535 titled 

‘‘Prohibited Consumer Credit Practices’’ 

to avoid duplication and inconsistency 

with the Credit Card Accountability 

Responsibility and Disclosure Act of 

2009 and the rules of the Board of 

Governors of the Federal Reserve 

implementing that statute. 

DATES: This rule is effective on July 1, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Richard Bennett, Senior Compliance 

Counsel, Regulations and Legislation 

Division, (202) 906–7409; or April 

Breslaw, Director, Consumer 

Regulations, (202) 906–6989, at Office of 

Thrift Supervision, 1700 G Street, NW., 

Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: 

On December 18, 2008, OTS used its 

authority under the Federal Trade 

Commission Act (15 U.S.C. 41–58) and 

the Home Owners’ Loan Act (12 U.S.C. 

1461 et seq.) to adopt a final rule titled 

‘‘Unfair or Deceptive Acts or Practices’’ 

amending its rule at 12 CFR part 535 

titled ‘‘Prohibited Consumer Credit 

Practices.’’ The rule was published in 

the Federal Register on January 29, 

2009 (January 2009 UDAP rule). 74 FR 

5498. OTS issued its rule jointly with 

rules issued by the Board of Governors 

of the Federal Reserve (Board) and the 

National Credit Union Administration 

(NCUA). The rule was scheduled to go 

into effect on July 1, 2010. 

The January 2009 UDAP rule 

contained three subparts to part 535 and 

an Appendix to part 535 containing an 

Official Staff Commentary. Subparts A 

and B addressed general provisions and 

credit practices respectively. Subpart C 

addressed unfair consumer credit card 

account practices. The Supplementary 

Information to the January 2009 UDAP 

rule described all these changes in 

detail. 

On May 5, 2009, OTS published 

proposed amendments to the January 

2009 UDAP rule (May 2009 proposed 

amendments). See 74 FR 20804. 

On May 22, 2009, the President 

signed into law the Credit Card 

Accountability Responsibility and 

Disclosure Act of 2009 (Credit CARD 

Act). Public Law 111–24, 123 Stat. 1734 

(2009). The Credit CARD Act primarily 

amended the Truth in Lending Act (15 

U.S.C. 1601 et seq.) and established a 

number of new substantive and 

disclosure requires to establish fair and 

transparent practices pertaining to openend consumer credit plans, including 

credit card accounts. On July 22, 2009, 

the Board published an interim final 

rule amending Regulation Z (12 CFR pt. 

226) and the staff commentary to 

implement those provisions of the 

Credit CARD Act that became effective 

on August 20, 2009. See 74 FR 36077. 

On February 22, 2010, the Board 

published a new final rule amending 

Regulation Z and the staff commentary 

in order to implement the Credit CARD 

Act. See 75 FR 7658. 

The Credit CARD Act and the Board’s 

implementing rule do not affect the 

provisions of subparts A and B and the 

corresponding portion of the Appendix 

in the January 2009 UDAP rule. 

Accordingly, today’s final rule 

repromulgates those provisions, subject 

only to necessary conforming 

amendments. These provisions will take 

effect on July 1, 2010 as previously 

scheduled. 

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23566 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 

In contrast, the practices addressed in 

subpart C and the corresponding portion 

of the Appendix in the January 2009 

UDAP rule, as proposed to be revised by 

the May 2009 proposed amendments are 

subsumed within, though not identical 

to, the practices addressed by Credit 

CARD Act and the Board’s 

implementing rule. In some respects, 

the Credit CARD Act and the Board’s 

implementing rule address the same 

practices addressed in the January 2009 

UDAP rule, but in somewhat different 

ways that afford greater consumer 

protection. In order to avoid duplication 

and inconsistency, OTS is removing 

subpart C and the corresponding portion 

of the Appendix. For procedural 

reasons, OTS is making these changes 

effective July 1, 2010. Consequently, 

subpart C and the corresponding portion 

of the Appendix will not take effect. 

Likewise, OTS does not intend to 

finalize the May 2009 proposed 

amendments. 

The Credit CARD Act and the Board’s 

implementing rule do not affect the 

standards for unfairness or deception 

under the FTC Act. Accordingly, in 

analyzing whether an act or practice is 

unfair, OTS will continue to apply the 

standards described in the 

Supplementary Information to the 

January 2009 UDAP rule. See 74 FR at 

5502–04. Under these standards, an act 

or practice is unfair where: (1) It causes 

or is likely to cause substantial injury to 

consumers; (2) the injury cannot be 

reasonably avoided by consumers 

themselves; and (3) the injury is not 

outweighed by countervailing benefits 

to consumers or to competition. 

Established public policy may also be 

considered in the analysis of whether a 

particular act or practice is unfair, but 

public policy may not serve as the 

primary basis for a determination that 

an act or practice is unfair. An act or 

practice is deceptive where: (1) there is 

a representation or omission of 

information that is likely to mislead 

consumers acting reasonably under the 

circumstances; and (2) that information 

is material to consumers. 

Further, as noted in the 

Supplementary Information to the 

January 2009 UDAP rule, the fact that a 

particular act or practice is not 

addressed in a rule on unfair or 

deceptive acts or practices, does not 

limit the ability of an agency to make a 

determination that the practice is unfair 

or deceptive. 74 FR at 5504. 

Accordingly, OTS will continue to 

consider the analysis of consumer credit 

card account practices contained in the 

Supplementary Information to the 

January 2009 UDAP rule and the May 

2009 proposed amendments, even 

though OTS is removing subpart C and 

the corresponding portion of the 

Appendix. 

OTS issued its January 2009 UDAP 

rule and the May 2009 proposed 

amendments jointly with rules issued 

by the Board and the NCUA. Today’s 

final rule, however, applies only to the 

OTS rule and does not affect the rules 

issued by the Board and NCUA. OTS 

notes that on February 22, 2010, the 

Board issued a corresponding final rule 

(75 FR 7925) and on February 10, 2010, 

the NCUA issued a corresponding final 

rule (75 FR 6558). 

Administrative Procedure Act 

Under 5 U.S.C. 553(b)(B) of the 

Administrative Procedure Act (APA), an 

agency may, for good cause, find (and 

incorporate the finding and brief 

statement of reasons therefore in the 

rule issued) that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest. The conforming amendments to 

subparts A and B and the corresponding 

portion of the Appendix are technical in 

nature. The substance of subparts A and 

B was previously subject to notice and 

comment, as described in detail in the 

SUPPLEMENTARY INFORMATION contained 

in January 2009 UDAP rule. 

The consumer protections contained 

in subpart C to part 535 as proposed to 

be revised by the May 2009 proposed 

amendments are subsumed within, 

though not identical to, the protections 

of the Credit CARD Act and the Board’s 

implementing rule. Accordingly, the 

removal of subpart C is necessary to 

avoid duplication and inconsistency. 

Therefore, OTS has determined that 

publishing a notice of proposed 

rulemaking and providing opportunity 

for public comment are unnecessary. 

Regulatory Flexibility Act 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act (Pub. L. 96– 

354, 5 U.S.C. 601), the OTS Director 

certifies that these amendments to 12 

CFR part 535 will not have a significant 

economic impact on a substantial 

number of small entities. OTS 

previously certified that the January 

2009 UDAP rule would not have a 

significant economic impact on a 

substantial number of small entities. See 

74 FR at 5549–50. Since this final rule 

removes subpart C, any impact of the 

January 2009 UDAP rule will be even 

further reduced. Accordingly, this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Paperwork Reduction Act of 1995 

Office of Management and Budget 

(OMB) regulations require OMB to 

review and approve information 

collection requirements imposed by 

agency rule. OTS is submitting 

notification to OMB of revisions to an 

approved paperwork section. In this 

final rule, OTS has removed the 

paperwork requirements for subpart C, 

which were contained in section 

535.24(a). 

Executive Order 12866 

OTS previously provided a regulatory 

impact analysis under Executive Order 

12866. 74 FR at 5551–5558. The 

analysis addressed the impact of the 

consumer credit card practices in 

subpart C to part 535. Since this final 

rule removes subpart C, its impact will 

be eliminated. 

Unfunded Mandates Reform Act of 

1995 

OTS has determined that the 

requirements of this final rule will not 

result in expenditures by State, local, 

and tribal governments, or by the 

private sector, of $100 million or more 

in any one year. Accordingly, a 

budgetary impact statement is not 

required under section 202 of the 

Unfunded Mandates Reform Act of 

1995. OTS previously certified that the 

January 2009 UDAP rule would not 

result in expenditures by State, local, 

and tribal governments, of $100 million 

or more in any one year, but may result 

in expenditures by the private sector in 

excess of that threshold. See 74 FR at 

5558. Since this final rule removes 

subpart C, any impact of the January 

2009 UDAP rule will be even further 

reduced. Accordingly, this final rule 

will not result in expenditures by State, 

local, and tribal governments, or by the 

private sector, of $100 million or more 

in any one year. 

Executive Order 13132 Determination 

OTS previously certified that the 

January 2009 UDAP rule does not have 

any federalism implications for 

purposes of Executive Order 13132. See 

74 FR at 5558. That determination 

continues to apply. 

List of Subjects in 12 CFR Part 535 

Consumer credit, Consumer 

protection, Credit, Credit cards, 

Deception, Intergovernmental relations, 

Savings associations, Trade practices, 

Unfairness. 

Authority and Issuance 

■ For the reasons discussed in the 

preamble, OTS revises 12 CFR part 535 

to read as follows: 

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Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 23567 

PART 535—UNFAIR OR DECEPTIVE 

ACTS OR PRACTICES 

Subpart A—General Provisions 

Sec. 

535.1 Authority, purpose, and scope. 

Subpart B—Consumer Credit Practices 

535.11 Definitions. 

535.12 Unfair credit contract provisions. 

535.13 Unfair or deceptive cosigner 

practices. 

535.14 Unfair late charges. 

Appendix to Part 535—Official Staff 

Commentary 

Authority: 12 U.S.C. 1462a, 1463, 1464; 15 

U.S.C. 57a. 

Subpart A—General Provisions 

§ 535.1 Authority, purpose and scope. 

(a) Authority. This part is issued by 

OTS under section 18(f) of the Federal 

Trade Commission Act, 15 U.S.C. 57a(f) 

(section 202(a) of the Magnuson-Moss 

Warranty—Federal Trade Commission 

Improvement Act, Pub. L. 93–637) and 

the Home Owners’ Loan Act, 12 U.S.C. 

1461 et seq. 

(b) Purpose. The purpose of this part 

is to prohibit unfair or deceptive acts or 

practices in violation of section 5(a)(1) 

of the Federal Trade Commission Act, 

15 U.S.C. 45(a)(1). Subpart B defines 

and contains requirements prescribed 

for the purpose of preventing specific 

unfair or deceptive acts or practices of 

savings associations. The prohibitions 

in subpart B do not limit OTS’s 

authority to enforce the FTC Act with 

respect to any other unfair or deceptive 

acts or practices. The purpose of this 

part is also to prohibit unsafe and 

unsound practices and protect 

consumers under the Home Owners’ 

Loan Act, 12 U.S.C. 1461 et seq. 

(c) Scope. This part applies to savings 

associations and subsidiaries owned in 

whole or in part by a savings association 

(‘‘you’’). 

Subpart B—Consumer Credit Practices 

§ 535.11 Definitions. 

For purposes of this subpart, the 

following definitions apply: 

(a) Consumer means a natural person 

who seeks or acquires goods, services, 

or money for personal, family, or 

household purposes, other than for the 

purchase of real property, and who 

applies for or is extended consumer 

credit. 

(b) Consumer credit means credit 

extended to a natural person for 

personal, family, or household 

purposes. It includes consumer loans; 

educational loans; unsecured loans for 

real property alteration, repair or 

improvement, or for the equipping of 

real property; overdraft loans; and credit 

cards. It also includes loans secured by 

liens on real estate and chattel liens 

secured by mobile homes and leases of 

personal property to consumers that 

may be considered the functional 

equivalent of loans on personal security 

but only if you rely substantially upon 

other factors, such as the general credit 

standing of the borrower, guaranties, or 

security other than the real estate or 

mobile home, as the primary security for 

the loan. 

(c) Earnings means compensation 

paid or payable to an individual or for 

the individual’s account for personal 

services rendered or to be rendered by 

the individual, whether denominated as 

wages, salary, commission, bonus, or 

otherwise, including periodic payments 

pursuant to a pension, retirement, or 

disability program. 

(d) Obligation means an agreement 

between you and a consumer. 

(e) Person means an individual, 

corporation, or other business 

organization. 

§ 535.12 Unfair credit contract provisions. 

It is an unfair act or practice for you, 

directly or indirectly, to enter into a 

consumer credit obligation that 

constitutes or contains, or to enforce in 

a consumer credit obligation you 

purchased, any of the following 

provisions: 

(a) Confession of judgment. A 

cognovit or confession of judgment (for 

purposes other than executory process 

in the State of Louisiana), warrant of 

attorney, or other waiver of the right to 

notice and the opportunity to be heard 

in the event of suit or process thereon. 

(b) Waiver of exemption. An 

executory waiver or a limitation of 

exemption from attachment, execution, 

or other process on real or personal 

property held, owned by, or due to the 

consumer, unless the waiver applies 

solely to property subject to a security 

interest executed in connection with the 

obligation. 

(c) Assignment of wages. An 

assignment of wages or other earnings 

unless: 

(1) The assignment by its terms is 

revocable at the will of the debtor; 

(2) The assignment is a payroll 

deduction plan or preauthorized 

payment plan, commencing at the time 

of the transaction, in which the 

consumer authorizes a series of wage 

deductions as a method of making each 

payment; or 

(3) The assignment applies only to 

wages or other earnings already earned 

at the time of the assignment. 

(d) Security interest in household 

goods. A nonpossessory security interest 

in household goods other than a 

purchase-money security interest. For 

purposes of this paragraph, household 

goods: 

(1) Means clothing, furniture, 

appliances, linens, china, crockery, 

kitchenware, and personal effects of the 

consumer and the consumer’s 

dependents. 

(2) Does not include: 

(i) Works of art; 

(ii) Electronic entertainment 

equipment (except one television and 

one radio); 

(iii) Antiques (any item over one 

hundred years of age, including such 

items that have been repaired or 

renovated without changing their 

original form or character); or 

(iv) Jewelry (other than wedding 

rings). 

§ 535.13 Unfair or deceptive cosigner 

practices. 

(a) Prohibited deception. It is a 

deceptive act or practice for you, 

directly or indirectly in connection with 

the extension of credit to consumers, to 

misrepresent the nature or extent of 

cosigner liability to any person. 

(b) Prohibited unfairness. It is an 

unfair act or practice for you, directly or 

indirectly in connection with the 

extension of credit to consumers, to 

obligate a cosigner unless the cosigner is 

informed, before becoming obligated, of 

the nature of the cosigner’s liability. 

(c) Disclosure requirement—(1) 

Disclosure statement. A clear and 

conspicuous statement must be given in 

writing to the cosigner before becoming 

obligated. In the case of open-end credit, 

the disclosure statement must be given 

to the cosigner before the time that the 

cosigner becomes obligated for any fees 

or transactions on the account. The 

disclosure statement must contain the 

following statement or one that is 

substantially similar: 

Notice of Cosigner 

You are being asked to guarantee this debt. 

Think carefully before you do. If the 

borrower doesn’t pay the debt, you will have 

to. Be sure you can afford to pay if you have 

to, and that you want to accept this 

responsibility. 

You may have to pay up to the full amount 

of the debt if the borrower does not pay. You 

may also have to pay late fees or collection 

costs, which increase this amount. 

The creditor can collect this debt from you 

without first trying to collect from the 

borrower. The creditor can use the same 

collection methods against you that can be 

used against the borrower, such as suing you, 

garnishing your wages, etc. If this debt is ever 

in default, that fact may become a part of 

your credit record. 

(2) Compliance. Compliance with 

paragraph (d)(1) of this section 

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23568 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 

constitutes compliance with the 

consumer disclosure requirement in 

paragraph (b) of this section. 

(3) Additional content limitations. If 

the notice is a separate document, 

nothing other than the following items 

may appear with the notice: 

(i) Your name and address; 

(ii) An identification of the debt to be 

cosigned (e.g., a loan identification 

number); 

(iii) The date (of the transaction); and 

(iv) The statement, ‘‘This notice is not 

the contract that makes you liable for 

the debt.’’ 

(d) Cosigner defined. (1) Cosigner 

means a natural person who assumes 

liability for the obligation of a consumer 

without receiving goods, services, or 

money in return for the obligation, or, 

in the case of an open-end credit 

obligation, without receiving the 

contractual right to obtain extensions of 

credit under the account. 

(2) Cosigner includes any person 

whose signature is requested as a 

condition to granting credit to a 

consumer, or as a condition for 

forbearance on collection of a 

consumer’s obligation that is in default. 

The term does not include a spouse or 

other person whose signature is 

required on a credit obligation to perfect 

a security interest pursuant to state law. 

(3) A person who meets the definition 

in this paragraph is a cosigner, whether 

or not the person is designated as such 

on a credit obligation. 

§ 535.14 Unfair late charges. 

(a) Prohibition. In connection with 

collecting a debt arising out of an 

extension of credit to a consumer, it is 

an unfair act or practice for you, directly 

or indirectly, to levy or collect any 

delinquency charge on a payment, when 

the only delinquency is attributable to 

late fees or ydelinquency charges 

assessed on earlier installments and the 

payment is otherwise a full payment for 

the applicable period and is paid on its 

due date or within an applicable grace 

period. 

(b) Collecting a debt defined— 

Collecting a debt means, for the 

purposes of this section, any activity, 

other than the use of judicial process, 

that is intended to bring about or does 

bring about repayment of all or part of 

money due (or alleged to be due) from 

a consumer. 

Appendix to Part 535—Official Staff 

Commentary 

Subpart A—General Provisions 

Section 535.1 Authority, Purpose, and 

Scope. 

1(c) Scope 

1. Penalties for noncompliance. 

Administrative enforcement of the rule 

for savings associations may involve 

actions under section 8 of the Federal 

Deposit Insurance Act (12 U.S.C. 1818), 

including cease-and-desist orders 

requiring that actions be taken to 

remedy violations and civil money 

penalties. 

2. Application to subsidiaries. The 

term ‘‘savings association’’ as used in 

this Appendix also includes 

subsidiaries owned in whole or in part 

by a savings association. 

Dated: April 27, 2010. 

By the Office of Thrift Supervision. 

John E. Bowman, 

Acting Director. 

[FR Doc. 2010–10196 Filed 5–3–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1250; Directorate 

Identifier 2008–NM–169–AD; Amendment 

39–16276; AD 2010–09–11] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAe 146–100A, –200A, and –300A 

Series Airplanes, and Model Avro 146– 

RJ70A, 146–RJ85A, and 146–RJ100A 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

the products listed above. This AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

In 1991, the UK Civil Aviation Authority 

(CAA) issued AD 015–08–91 [which 

corresponds to FAA AD 93–01–11], requiring 

the accomplishment of inspections of, and in 

case of crack findings, corrective actions on, 

the wing top skin at rib ‘0’ of premodification HCM00851C BAe 146 series 

aircraft in accordance with British Aerospace 

Service Bulletin (SB) 57–41 dated 26 July 

1991. Recently, BAE Systems (Operations) 

Ltd has determined that a revised inspection 

programme for the wing top skin and joint 

strap at rib ‘0’ on all BAe 146 and AVRO 

146–RJ aircraft is necessary to assure the 

continued structural integrity of this area. 

Cracking of the wing centre section top skin, 

if undetected, could lead to structural failure 

and consequent loss of the aircraft. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective June 

8, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of June 8, 2010. 

On March 2, 1993 (58 FR 6081, 

January 26, 1993), the Director of the 

Federal Register approved the 

incorporation by reference of a certain 

other publication listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on January 12, 2010 (75 FR 

1563), and proposed to supersede AD 

93–01–11, Amendment 39–8465 (58 FR 

6081, January 26, 1993). That NPRM 

proposed to correct an unsafe condition 

for the specified products. The MCAI 

states: 

In 1991, the UK Civil Aviation Authority 

(CAA) issued AD 015–08–91 [which 

corresponds to FAA AD 93–01–11], requiring 

the accomplishment of inspections of, and in 

case of crack findings, corrective actions on, 

the wing top skin at rib ‘0’ of premodification HCM00851C BAe 146 series 

aircraft in accordance with British Aerospace 

Service Bulletin (SB) 57–41 dated 26 July 

1991. Recently, BAE Systems (Operations) 

Ltd has determined that a revised inspection 

programme for the wing top skin and joint 

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